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Terms of Use

You have accessed the website (“Site”) of Torch Energy Solutions, Inc. (“Torch Energy”) to which these Terms of Use apply.

By browsing and/or using this Site, you are agreeing to accept, unconditionally and without modification, the terms and conditions which follow, together with all applicable laws ("Terms of Use"). You also agree to review our privacy policy by clicking the link at the bottom of any page on the Site.

If any of the Terms of Use are not acceptable to you, do not browse or use this Site.

Table of Contents

We reserve the right to modify these Terms of Use from time-to-time, without notice, and you agree to be bound by such modifications. Accordingly, you should periodically review the most recent version of these Terms of Use. We reserve the right to add, modify or delete any information contained in this Site without notice to you.

Use of Platform

This Site is intended primarily for the purpose of providing general information about us and our services, and is for your personal and non-commercial use.By ordering or purchasing a service or product through this site you are warranting to us and the applicable service providers that you are at least 18 years of age and possess the legal authority to enter into the transactions made available through this site and will use this service in accordance with all terms and conditions herein and as set forth in this site. Furthermore, you warrant that you will only use this Site to make legitimate purchases for you or for another person for whom you are legally authorized to act, and that all information supplied by you on this Website is true, accurate, current, and complete. You agree that you will be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the purchases and orders you make through this Site. The quoted price of a service or product on this Site is liable to change at any time, but changes will not affect transactions already completed with the service provider. If your bid is accepted by a supplier, the time that you have to complete enrollment will expire. If you delay your enrollment, the acceptance may no longer be valid, and you may have to restart the process. Torch Energy is under no obligation to provide services to you at an incorrect (lower) price, even after the applicable service provider has sent you confirmation of your transaction.You should be aware that information on this Site may be incomplete, may contain errors or may be outdated. As a condition of your use of this site, you warrant that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions and notices.As a condition of your use of this site, you warrant that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions and notices.

User Conduct

This site provides the ability to send e-mails or similar messages and communications to our service providers and to us. You agree to use communication methods available on this site only to send messages and material that are proper and related to the subject matter for which this communication method was made available. You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of this agreement or use of this site. This Site is intended primarily for the purpose of providing general information about us and our services. If you submit an inquiry regarding commercial service contracts, you warrant that you have the authority to act on behalf of that company.

Privacy Policy

Torch Energy believes in protecting your privacy. Please review our current Privacy Policy which also governs your use of this Site, and is part of these Terms of Use.

Copyrights and Trademarks

A. Site Content. The Site, design of the Site, underlying software, and all content in the Site are protected under U.S. and international copyright laws. The Site is owned by Torch Energy Solutions, Inc..Except for Your Content (as defined in Section B below) or as specifically stated or otherwise indicated, all Site Content including, but not limited to, trademarks, logos, trade names, text, data, messages, pictures, images, video, audio, graphics, data compilations, icons, code, links on the Site is the property of Torch Energy Solutions,Inc. and protected by intellectual property laws.

B. Your Content. Torch Energy Solutions, Inc. proprietary information submitted by you (“Your Content”). You retain all of your ownership rights in Your Content. By submitting Your Content to the Site you grant Torch Energy Solutions,Inc. a worldwide, non-exclusive, royalty free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content.

C. Third Party Content. Content owned by third parties also appears on the Site, and you should respect those property rights as well. Content owned by third parties available on the Site is used by Torch Energy Solutions, Inc.pursuant to a license from a third party.
 The Portal may contain advertisements on behalf of Torch or paid advertisements on behalf of interested companies and/or individuals and/or entities. You acknowledge and agree that Torch is not liable for the privacy practices of advertisers or the content of their web sites and/or advertisements. Torch shall have no liability for the communications, of any sort, with such advertisers.

D. Use of Copyrights and Trademarks Prohibited. Nothing on this Site should be construed as granting by implication, estoppel, or otherwise, a license or right to use any mark displayed on this Site, without the prior written permission of the owner of the mark. The copyright in the Site content, is owned by Torch Energy Solutions, Inc.unless otherwise noted. Torch Energy Solutions, Inc. does not warrant or represent that use of this Site will not infringe rights of third parties. You may not adapt or use any trademark or trade name or domain name similar to or likely to be confused with that of Torch, or take any other action that infringes upon or impairs Torch’s trademark rights. You may not create derivative software based upon any trade secret, intellectual property, or proprietary information of Torch. You may not copy, modify, create a derivative work of, reverse engineer, or otherwise attempt to discover any source code related to the Site.

Copyright Infringement Notification

Pursuant to the Digital Millennium Copyright Act, and specifically 17 U.S.C. 512 (c)(3), you may submit written notification of copyright infringement to Torch Energy's Copyright Agent. Such notification must include at least the following information:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(2) IIdentification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted work at a single inline site are covered by a single notification, a representative of such works at that site;

(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provide to locate the material;

(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

(5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by copyright owner, its agent, or the law;

(6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Torch Energy Solutions’ designated Copyright Agent is General Counsel, Torch Energy Solutions,Inc.7324 Southwest Freeway, Suite 1600 Houston, TX 77074.

Linking

You may link to the Site provided you comply with the following:

1. You must link to the home page only. Links to other pages on the Site are prohibited.

2. Links must only be text-based. You may not use inline links, anchor links, deep links, or any of our logos or other marks as links.

3. Framing is not permitted under any circumstance. You may not create frames around our Site or use any other technique that alters in any way the visual presentation or appearance of the Site.

4. In linking to the Site, you may not misrepresent your relationship with us. No links to the Site may be used in a manner that implies or suggests that we approve or endorse you, your Site or your goods and services, except as we may have agreed to separately with you in writing.

5. Torch energy Solutions, Inc. has no responsibility or liability for any content appearing on the web site from which you link to the Site. You agree to indemnify us, defend us at your sole cost, and hold us harmless from and against any and all claims arising out of or based on such web site including your links.

6. No link(s) may appear on any page on your web site or within any context containing content or materials that may be interpreted as libelous, obscene, criminal, pornographic, or which infringes or otherwise violates, or advocates the infringement or other violation of, any third party rights.

7. We may at any time, in our sole discretion, without cause, terminate your right to link to any pages on our Site. In such event upon request, you agree to immediately remove all links to our Site and to cease using any of our marks.

8. We reserve the right to change this linking policy at any time, so it is your responsibility to periodically review this page for any changes.

Third Party Websites

We make no representations about any other third party web site that you may access through hypertext links in this web site. When you access any such third party web site, you acknowledge and agree that it is independent from us, and that we have no control over the content of any such web site. In addition, a link to such third party web site does not mean that we endorse or accept any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. Additionally, such web sites may have cookies and collect personally identifiable data. We encourage you to read the Terms and Conditions and Privacy Policies for such third party web sites.

Warranties

This Site and any content, information, software, functions and applets provided on or through the Site are made available on an “AS IS” or “AS AVAILABLE” basis. We do not warrant the information made available through or on the Site, which the Site will be timely, secure, uninterrupted or error-free, of that defects in the Site, if any exists from time-to-time, will be corrected. The information, software, products and services published on this site may include inaccuracies or typographical errors. This website facilitates your transactions with service providers. You are not purchasing or ordering products or services from Torch Energy when you submit an order. Although we are interested in receiving feedback regarding our service providers, Torch Energy is not responsible for the performance of any service providers. Communications to or from service providers are not endorsed by us and such communications shall not be considered reviewed, screened or approved by us. WE MAKE NO WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL TORCH ENERGY SOLUTIONS, INC., ITS SOFTWARE DEVELOPER AND HOSTING COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF REVENUE; LOSS OF USE OF THE SITE, LOSS OF USE OR DAMAGE TO YOUR COMPUTER EQUIPMENT OR PROGRAMS, BUSINESS INTERRUPTION, LOSS OF USE OF DATA, PROGRAMS OR EQUIPMENT) ARISING OUT OF YOUR ACCESSING, BROWSING OR USING, OR YOUR INABILITY TO ACCESS, BROWSE OR USE, THIS SITE OR SITE CONTENT AND ANY RELATED SERVICES, MATERIALS AND PRODUCTS. 

YOU ARE ADVISED THAT SOME JURISDICTIONS DO NOT PERMIT OR OTHERWISE RESTRICT OR LIMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON CONSEQUENTIAL DAMAGES, SO THAT THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

You agree to indemnify, defend, and hold harmless Torch Energy from and against any claim, action or demand, without limitation, reasonable legal fees, made by any third party due to or arising out of your use and breach of this Agreement.

Miscellaneous

The Terms of Use, as well as your use of this Site, shall be governed, construed, and enforced in accordance with the laws of the State of Texas, without regard to its conflict of laws rules. You agree that any and all disputes regarding the Site or arising out of your use of this Site shall be resolved exclusively by a state or federal court in Houston, Texas and you also agree to submit to the jurisdiction of any such court for the purpose of resolving any such dispute. If any part of this agreement is determined to be invalid or unenforceable pursuant to the applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between you and use with respect to our Site. A printed version of this agreement, our Privacy Policy, and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Use of this Site is unauthorized in any jurisdiction that does not give effect to these terms of use, including, without limitation, this paragraph.

The Site Content does not include any offer to sell, nor any solicitation of an offer to buy, any securities. The financial information in the Site Content is not complete, and should not be used for any purpose as complete, accurate, or current financial information.

Contact Information

If you have any questions about these Terms of Use or the Privacy Policy, please contact: General Counsel, Torch Energy Solutions, Inc., 7324 Southwest Freeway, Suite 1600 Houston, TX 77074.